View full sizeBen Suarez leaves the federal courthouse June 30 after he was convicted of obstruction of justice.Marvin Fong/Plain Dealer file photo

CLEVELAND, Ohio – Defense lawyers for North Canton businessman Ben Suarez asked a federal judge Monday to overturn his conviction on obstruction of justice, or to grant him a new trial.

On June 30, a jury in U.S. District Court acquitted Suarez on seven charges centered on a campaign-financing scheme, but convicted him of witness-tampering involving his longtime company controller.

Suarez is scheduled to be sentenced Oct. 7.

Defense attorney Brian Pierce of Akron filed a 26-page motion with Judge Patricia Anne Gaughan arguing that the obstruction charge on which Suarez was convicted violated his protection from double jeopardy.

The charge contained three separate offenses of witness tampering, but the jury did not identify which of three elements they found him guilty of, the motion stated.

Gaughan told the jury that any one element of the three contained in the charge would be sufficient to convict Suarez. The defense lawyers disagreed.

The obstruction charge involved a letter Suarez wrote to Barbara Housos in which he told her he wanted to help her avoid testifying to a grand jury. He advised her not to admit any wrongdoing, and he warned her not tell anyone about the letter because her testimony could destroy his company, Suarez Corporation Industries.

Suarez, 72, runs a direct-marketing business. In 2011 and 2012, his chief financial officer enlisted some of the top-earning employees of the company, their spouses and his family members to donate $200,000 in campaign contributions to U.S. Rep. Jim Renacci and Ohio Treasurer Josh Mandel with the understanding they would be reimbursed with company money.

After the scheme was exposed, the donors were required to repay the money to the company. Renacci and Mandel later returned the donations. Neither was charged with a crime.

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